supreme court (commercial, tec and intellectual property ...file/14-047sr.docx · web...

Supreme Court (Commercial, TEC and Intellectual Property Lists Amendment) Rules 2014

S.R. No. 47/2014

TABLE OF PROVISIONSRule Page

PART 1—PRELIMINARY 1

1 Objects 12 Authorising provisions 13 Commencement 1

PART 2—AMENDMENT OF CHAPTER II 2

4 New Rule 1.05.1—Chapter II 21.05.1 Definitions 2

5 Order 2 substituted 2

ORDER 2 2

COMMERCIAL LIST 2

2.01 Definitions 22.02 Commercial List Judges to manage cases in List 32.03 Entry into Commercial List 42.04 Directions 52.05 No certificate of readiness 52.06 Removal from Commercial List 52.07 Summary judgment 5

6 Order 3 substituted 6

ORDER 3 6

TECHNOLOGY, ENGINEERING AND CONSTRUCTION LIST 6

3.01 Definitions 63.02 TEC List Judges to manage cases in List 83.03 Entry into TEC List 83.04 Directions 93.05 Removal from TEC List 9

1

PART 3—AMENDMENT OF CHAPTER VIII 10

7 Definitions—Chapter VIII 108 Judge of the Court to control list 109 Entry into Intellectual Property List 1010 Removal from List 1111 Rule 2.04 substituted 11

2.04 Directions 11═══════════════

ENDNOTES 14

STATUTORY RULES 2014

S.R. No. 47/2014

Supreme Court Act 1986


The Judges of the Supreme Court make the following Rules:

PART 1—PRELIMINARY

1 Objects

The objects of these Rules are to amend Chapter II and Chapter VIII of the Rules of the Supreme Court in relation to the Commercial, TEC and Intellectual Property Lists and to facilitate the use of the RedCrest electronic case management system in those Lists.

2 Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers.

3 Commencement

These Rules come into operation on 1 July 2014.

__________________

1

PART 2—AMENDMENT OF CHAPTER II

4 New Rule 1.05.1—Chapter II

After Rule 1.05 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 20081 insert—

"1.05.1 Definitions

In these Rules—

RedCrest means the electronic case management system known as "RedCrest" as in operation in the Court from time to time.".

5 Order 2 substituted

For Order 2 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008 substitute—

"ORDER 2

COMMERCIAL LIST

2.01 Definitions

In this Order—

Commercial List or List means the list of Judge managed commercial proceedings compiled by the Prothonotary;

Commercial List Judge means a Judge of the Court nominated by the Chief Justice to be a Commercial List Judge;

commercial proceeding means any proceeding commenced by writ, originating motion or originating process in Form 5F of Chapter I—

Part 3—Amendment of Chapter VIII


S.R. No. 47/2014

2

r. 4

(a) which arises out of ordinary commercial transactions, including any proceeding relating to—

(i) the construction of commercial, shipping or transport documents;

(ii) the export or import of merchandise;

(iii) the carriage of goods for the purpose of trade or commerce;

(iv) insurance;

(v) banking;

(vi) finance;

(vii) commercial agency;

(viii) commercial usage; or

(b) in which there is a question that has importance in trade or commerce.

2.02 Commercial List Judges to manage cases in List

(1) Subject to paragraphs (2) and (3), the powers of the Court in relation to a proceeding in the List shall be exercised only by a Commercial List Judge.

(2) The powers of the Court in relation to a proceeding in the Commercial List may be exercised by a Judge of the Court other than a Commercial List Judge—



S.R. No. 47/2014

3

r. 5

(a) if a Commercial List Judge so requests; or

(b) if in special or urgent circumstances that other Judge of the Court thinks fit to exercise them.

(3) Subject to Rules 1.11 and 1.12, an Associate Judge may exercise the powers of the Court in relation to a proceeding in the Commercial List on a reference by or by leave of a Commercial List Judge.

(4) Subject to paragraph (2) and Rule 1.11(5), an appeal from any judgment given or order made by an Associate Judge in a proceeding in the List shall be heard by a Commercial List Judge.

2.03 Entry into Commercial List

(1) At the option of the plaintiff, the originating process in a commercial proceeding may be marked in the top left-hand corner with the words "Commercial List" and, on the filing of an originating process so marked, the proceeding is taken to be entered in the List.Note

See Rule 28A.01(1) of Chapter I (electronic filing in RedCrest).

(2) Any party to a commercial proceeding in which the originating process has not been so marked may apply to a Commercial List Judge for an order entering the proceeding in the Commercial List.Note




S.R. No. 47/2014

4

r. 5

2.04 Directions

A Commercial List Judge may, at any time, give any directions for the conduct of the proceeding which the Judge thinks conducive to its effective, complete, prompt and economical determination.Note

Where a proceeding is commenced by electronic filing of the originating process in RedCrest under Order 28A of Chapter I, a date for a first directions hearing will be allocated automatically and included in the originating process. See Form 5F of Chapter I.

2.05 No certificate of readiness

No certificate of readiness for trial shall be necessary in a commercial proceeding.

2.06 Removal from Commercial List

A Commercial List Judge may at any time order that a proceeding in the Commercial List be removed from the List.Note


2.07 Summary judgment

Nothing in this Order shall prevent a party from applying under Order 21, 22 or 23 of Chapter I or Part 4.4 of Chapter 4 of the Civil Procedure Act 2010.

__________________".



S.R. No. 47/2014

5

r. 5

6 Order 3 substituted

For Order 3 of the Supreme Court (Miscellaneous Civil Proceedings) 2008 substitute—

"ORDER 3

TECHNOLOGY, ENGINEERING AND CONSTRUCTION LIST

3.01 Definitions

In this Order—

technology includes—

(a) telecommunications equipment, devices, systems and networks;

(b) computers, computer modules, computer systems and networks and computer software;

(c) electrical circuits and circuit boards;

(d) machines or machinery;

(e) processing operations and facilities;

(f) any component, module, equipment, machine or system which is produced by the application of technology, mechanics or applied science;

technology, engineering and construction case and TEC case means any proceeding in relation to—

(a) the design or carrying out of TEC works;

(b) the supervision or inspection of the construction of TEC works;



S.R. No. 47/2014

6

r. 6

(c) the performance by an architect, designer, engineer, quantity surveyor or other expert of any other services in relation to the design or construction or the supervision or inspection of TEC works;

(d) the manufacture or provision of any materials for inclusion in TEC works;

(e) the performance of anything produced, manufactured or constructed as a result of TEC works which involves or is likely to involve expert evidence of a technical nature;

(f) the sale or supply of anything produced, manufactured or constructed as a result of TEC works which involves or is likely to involve expert evidence of a technical nature—

but does not include any proceeding that includes a claim for personal injury;

Technology, Engineering and Construction List, TEC List or List means the list of Judge managed technology, engineering and construction cases compiled by the Prothonotary;

TEC List Judge means a Judge of the Court nominated by the Chief Justice to be a TEC List Judge;

TEC works means technology, engineering or building construction works of any description whatsoever.



S.R. No. 47/2014

7

r. 6

3.02 TEC List Judges to manage cases in List

(1) Subject to paragraphs (2) and (3), the powers of the Court in relation to a proceeding in the List shall be exercised only by a TEC List Judge.

(2) The powers of the Court in relation to a proceeding in the TEC List may be exercised by a Judge of the Court other than a TEC List Judge—

(a) if a TEC List Judge so requests; or

(b) if in special or urgent circumstances that other Judge of the Court thinks fit to exercise them.

(3) Subject to Rules 1.11 and 1.12, an Associate Judge may exercise the powers of the Court in relation to a proceeding in the TEC List on a reference by or by leave of a TEC List Judge.

3.03 Entry into TEC List

(1) At the option of the plaintiff, the originating process in a TEC case may be marked in the top left-hand corner with the words "TEC List" and, on the filing of an originating process so marked, the proceeding is taken to be entered in the List.Note


(2) Any party in a TEC case in which the originating process has not been so marked may apply to a TEC List Judge for an order entering the proceeding in the TEC List.



S.R. No. 47/2014

8

r. 6

(3) By leave of a TEC List Judge, a proceeding may be entered in the TEC List upon a reference from another Judge or an Associate Judge.Note


3.04 Directions

A TEC List Judge may, at any time, give any directions for the conduct of the proceeding which the Judge thinks conducive to its effective, complete, prompt and economical determination.Note


3.05 Removal from TEC List

A TEC List Judge may at any time order that a proceeding in the TEC List be removed from the List.Note


__________________".

__________________



S.R. No. 47/2014

9

r. 6

PART 3—AMENDMENT OF CHAPTER VIII

7 Definitions—Chapter VIII

In Rule 1.06(1) of the Supreme Court (Intellectual Property) Rules 20062 insert the following definition—

'RedCrest means the electronic case management system known as "RedCrest" as in operation in the Court from time to time;'.

8 Judge of the Court to control list

In Rule 2.01(3) of the Supreme Court (Intellectual Property) Rules 2006 after "special" insert "or urgent".

9 Entry into Intellectual Property List

(1) In Rule 2.02(1) of the Supreme Court (Intellectual Property) Rules 2006—

(a) after "originating motion" insert ", originating process in Form 5F of Chapter I";

(b) for "shall" substitute "is taken to".

(2) At the foot of Rule 2.02(1) of the Supreme Court (Intellectual Property) Rules 2006 insert—"Note

See Rule 28A.01(1) of Chapter I (electronic filing in RedCrest).".

(3) At the foot of Rule 2.02(3) of the Supreme Court (Intellectual Property) Rules 2006 insert—"Note




S.R. No. 47/2014

10

r. 7

10 Removal from List

At the foot of Rule 2.03 of the Supreme Court (Intellectual Property) Rules 2006 insert—"Note


11 Rule 2.04 substituted

For Rule 2.04 of the Supreme Court (Intellectual Property) Rules 2006 substitute—

"2.04 Directions

(1) The Judge may, at any time, give any directions for the conduct of the proceeding which the Judge thinks conducive to its effective, complete, prompt and economical determination.Note


(2) Without limiting paragraph (1), the Judge may make orders with respect to—

(a) the defining of the issues by pleadings or otherwise;

(b) any amendment of pleadings;

(c) any counterclaim;

(d) particulars;

(e) discovery and inspection of documents;

(f) admissions of fact or of documents;

(g) the joinder of parties;



S.R. No. 47/2014

11

r. 10

(h) the mode and sufficiency of service;

(i) interrogatories;

(j) the inspection of any property or thing;

(k) the filing and service of affidavits;

(l) the disclosure of reports of experts;

(m) the filing and exchange of signed statements of evidence of intended witnesses and their use in evidence at the hearing;

(n) the making of any experiment, test or report;

(o) the appointment of a Court expert under Order 10 of these Rules;

(p) defining and limiting the issues to be tried, restricting the number of witnesses and otherwise ensuring that the case is disposed of expeditiously;

(q) documents prepared by the parties;

(r) the place, time and mode of hearing;

(s) the giving of evidence at the hearing, including whether evidence in chief of witnesses shall be given orally or by affidavit or affirmation;

(t) costs.".

Dated: 29 May 2014

M. L. WARREN, C.J.

CHRISTOPHER MAXWELL, P.

GEOFFREY NETTLE, J.A.

ROBERT REDLICH, J.A.

MARK WEINBERG, J.A.

R. S. OSBORN, J.A.



S.R. No. 47/2014

12

r. 11

SIMON P. WHELAN, J.A.

PHILLIP PRIEST, J.A.

J. G. SANTAMARIA, J.A.

DAVID F. R. BEACH, J.A.

K. WILLIAMS, J.

KIM HARGRAVE, J.

ANTHONY CAVANOUGH, J.

JACK FORREST, J.

JAMES JUDD, J.

PETER VICKERY, J.

KARIN EMERTON, J.

CLYDE CROFT, J.

ANNE FERGUSON, J.

PETER ALMOND, J.

JOHN DIXON, J.

C. MACAULAY, J.

KATE McMILLAN, J.

G. J. DIGBY, J.

JAMES D. ELLIOTT, J.

T. J. GINNANE, J.

MELANIE SLOSS, J.═══════════════



S.R. No. 47/2014

13

r. 11

ENDNOTES

Endnotes


S.R. No. 47/2014

14

1 Rule 4: S.R. No. 94/2008. Reprint No. 1 as at 1 April 2012. Reprinted to S.R. No. 109/2009.2 Rule 7: S.R. No. 163/2006 as amended by S.R. No. 100/2008.

supreme court (commercial, tec and intellectual property ...file/14-047sr.docx · web...

Documents